tree roots

[shank]

hi from Liverpool in the UK can you help my garden backs on to the railway and they have trees on there land and every year the roots grow fast and thick and ruin my garden lawn is there a way i can stop the roots from growing

 

[Newt*]

Hi Shank,

A root barrier can be installed, probably on your property, unless you can get the land owner to take action. Do you know what type of tree is doing the damage? I would suggest you take pictures of the damage and include pics of the trees causing the problems.

I know that in the Uk the laws are often different then here in the US. From this site, which has lots of helpful info:
http://www.leeds.gov.uk/fol/trees_law.html

Are Trees and Hedges on Neighbouring Land Affecting You?
Trees and hedges are an environmental asset and many people declare themselves to be tree lovers, but trees can also become a source of tension between neighbours.

The Local Planning Authority cannot adjudicate in disputes about trees and hedges between neighbours but it does have a duty to respond to an application to carry out works to trees which are protected by legislation. These include trees covered by a Tree Preservation Order, trees standing in a Conservation Area or affected by a planning condition or planning legal agreement following the granting of planning permission. Contact the planning enquiry centre (0113 247 8000) to find out if a tree is protected or for a tree works application form or a copy of a guidance leaflet on protected trees.

An application for tree work does not have to be made by the owner. There is nothing to stop a neighbour offering to prune trees on his or her neighbour's land by prior agreement, which may or may not include an arrangement for apportionment of the cost.

The position in common law is that you may prune unprotected trees or hedges overhanging your land without the consent of the owner but you must not trespass on to your neighbour's land to do this. In addition you must offer to return the timber and any fruit attached or which has fallen on to your land. However, you may become liable for criminal damage if such work causes the tree to die or become dangerous. It is therefore advisable and only good manners to notify your neighbour of your intention to do the work beforehand and to carry it out in accordance with good horticultural or arboricultural practice. Poor tree work can be counter-productive and is often potentially dangerous; for any substantial work, you are advised to use an experienced and qualified contractor with public liability insurance.

If you believe that your property may be suffering from either direct or indirect damage by tree roots, then you are advised to consult an arboricultural consultant or a building surveyor. There will usually be evidence of damage such as deformed or cracking of walls, uneven surface levels or blocked drains. If this is the case, you should notify your building insurer, who may initiate further investigations and negotiate with your neighbour and their insurer.

You cannot compel a neighbouring landowner to manage their trees or to carry out tree work to your satisfaction unless you bring forward and win a civil action – you could consult an experienced solicitor to see if you have proper grounds to proceed with this. The Government has been considering introducing new legislation in this area, but this is not yet drafted.

Remember that one person's nuisance can become another person's amenity. As disputes between neighbours can develop into an emotionally charged and draining experience, the best advice is to seek to resolve such a situation before it becomes out of hand. This can be done by explaining either in conversation or by a letter to the tree owner stating how your living conditions are being affected, how this is influencing your enjoyment of life and hopefully thereby reaching agreement to carry out tree work that is mutually acceptable. Keep a photocopy of your correspondence, in case things go wrong. Mediation services are sometimes available – you may wish to consult a Citizen's Advisory Bureau for more information on this.

A list of tree consultants and contractors and guidance on building subsidence involving protected trees is also available from this Department.

I wonder if this agency might be able to help.
http://www.treehelp.info/

Here's other interesting sites that might be helpful.
http://www.gardenlaw.co.uk/
http://www.arborcentre.co.uk/index.php?n=10
http://www.aie.org.uk/
http://freespace.virgin.net/clare.h/
http://www.letsgogardening.co.uk/Information/Laws.htm

Maybe others will have more ideas.
Newt

 

[treeseer]

I would suggest you take pictures of the damage and include pics of the trees causing the problems.
Maybe others will have more ideas.
Newt

I agree a picture would help.

Another idea: deal with it by raising the level of your lawn, or converting some of it to garden by adding soil and planting another groundcover. If the trees are growing between you and the tracks, consider the buffering service they provide and accept the roots as a small price to pay for that service.